Posas v. Horton

228 P.3d 457 (2010)

Quick Summary

Emilia Posas (plaintiff) sued Nicole Horton (defendant) for negligence after Horton rear-ended her car when Posas stopped to avoid hitting a pedestrian. The main issue was whether Horton could claim a sudden-emergency defense for following too closely behind Posas.

The Supreme Court of Nevada held that the sudden-emergency instruction given during the trial was inappropriate because Horton was not exercising reasonable care at the time of the accident.

The court ordered a new trial, stating that without this error, a different outcome may have been reached.

Facts of the Case

Emilia Posas (plaintiff) was driving her car when she had to abruptly stop to avoid hitting a pedestrian pushing a stroller who was crossing the street unexpectedly. Nicole Horton (defendant), who was following Posas at a close distance, failed to stop in time and collided with the rear of Posas’s car.

Horton admitted to following too closely and making a mistake. Posas sustained injuries from the collision and subsequently filed a negligence lawsuit against Horton.

The controversy at trial centered around whether Horton was negligent or whether she was confronted with a sudden emergency that excused her from liability.

Procedural Posture and History

  1. Emilia Posas filed a negligence lawsuit against Nicole Horton due to injuries sustained in a car accident.
  2. The trial resulted in a jury verdict for Horton, based on a sudden-emergency instruction given by the trial judge.
  3. Posas’s motion for a new trial was denied by the trial court.
  4. Posas appealed the decision to the Supreme Court of Nevada.

I.R.A.C. Format


Whether the district court erred by providing a sudden-emergency instruction in a rear-end automobile collision case.

Rule of Law

The sudden-emergency doctrine applies when an unexpected condition confronts an actor who is exercising reasonable care, and that actor responds to the emergency according to their best judgment or fails to act in the most judicious manner due to insufficient time.

Reasoning and Analysis

The Supreme Court of Nevada found that the sudden-emergency instruction was inappropriate because Horton was not exercising reasonable care when she followed Posas too closely.

The court emphasized that drivers must anticipate and be prepared for sudden stops and other common traffic situations. Since Horton admitted to following too closely, she was not entitled to the sudden-emergency defense.

The court clarified that the sudden-emergency doctrine should only apply when the emergency affects the actor requesting the instruction and that actor was otherwise exercising due care.

In this case, any emergency created by the pedestrian affected Posas, not Horton, who created her own peril through her negligence.


The Supreme Court of Nevada reversed the judgment of the district court and remanded for a new trial, concluding that the sudden-emergency instruction led to prejudicial error affecting Posas’s rights.

Key Takeaways

  1. The sudden-emergency instruction is only appropriate when an unexpected condition confronts an actor who is exercising reasonable care.
  2. An actor who contributes to their own peril by not exercising reasonable care is not entitled to the sudden-emergency defense.
  3. Common traffic conditions like sudden stops are to be anticipated by drivers and do not typically warrant a sudden-emergency defense.

Relevant FAQs of this case

What constitutes reasonable care in the context of driving and how does it affect liability?

Reasonable care in driving is defined by the actions a prudent driver would take under similar circumstances to prevent harm to others. This includes obeying traffic laws, being vigilant of road conditions, maintaining a safe distance from other vehicles, and adjusting speed appropriately. A driver’s failure to exercise reasonable care usually leads to liability for any resulting accidents, as their breach of this duty is often considered negligence.

  • For example: If a driver texts while driving in heavy traffic and causes an accident, they have failed to exercise reasonable care and are likely liable for damages caused.

How does the sudden-emergency defense apply in negligence cases?

The sudden-emergency defense can apply when a defendant in a negligence case was faced with a sudden and unexpected situation that left little or no time to respond, and they acted reasonably within those constraints. The defense acknowledges that in emergencies, individuals may not be able to make the same careful decisions as they would under normal conditions. However, the defense only applies if the defendant was not at fault for creating the emergency.

  • For example: A driver who swerves unexpectedly due to a fallen tree in the road may use the sudden-emergency defense if they cause an accident, provided they were not driving recklessly prior to the emergency.

In what situations does contributory negligence come into play, and how does it impact recovery in a lawsuit?

Contributory negligence occurs when a plaintiff in a lawsuit has also failed to exercise reasonable care for their own safety, thereby contributing to the harm they suffered. In jurisdictions where contributory negligence is recognized, this can completely bar or reduce the plaintiff’s ability to recover damages. The degree of fault attributed to each party will influence the outcome of the case.

  • For example: If a pedestrian crosses a street against traffic signals and is hit by a car exceeding the speed limit, both parties may have contributed to the accident, potentially limiting the pedestrian’s recovery due to their own negligence.


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